Last Modified: 28 June 2023
Terms of Service
Welcome to the Long White Gypsy website (the “Site”). This document makes up the house rules or what is officially called the Terms and Conditions (the “Terms”). The Terms are a legally binding contract between you and Long White Gypsy (“we” or “us”) and apply to all agreements between you and us.
Please read these Terms carefully before you start to use the Site. By using the Site or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms including the agreements incorporated by reference herein, you must not access or use the Site.
Definitions
“Agreement” means every arrangement between you and us to supply one or more Products, including all arrangements concluded within the framework of an organised system for remote sales of Products;
“Memberships” are all types of memberships, including but not limited to my the now retired Free Subscriber, Hiker and Tramper membership levels but also my new VIP subscription;
“Products” are all types of physical or digital products or items sold or supplied by us, including but not limited to digital and/or downloadable content and physical products and merchandise;
“You” are the natural person who is not acting in the course of his or her profession or for the running of his or her business and has concluded a (remote) Agreement or wishes to conclude an Agreement with us.
Sale of Products
By purchasing a Product through the Site, you warrant to us to be (a) at least 18 years of age; and (2) legally capable of entering into a binding agreement. If either is not the case, a parent or guardian must accept these Terms on your behalf.
We reserve the right at any time to change or discontinue any part of or all of the functionality of Products offered on this site including content, memberships and digital products, for any period of time or indefinitely.
VIP Subscription
Long White Gypsy offers a service called the VIP subscription. This is a paid subscription which entitles you to receive certain benefits in exchange for a monthly contribution to my work.
Payment for the VIP subscription is made and managed via Stripe. You can find out more information about how Stripe use and collect information in their Privacy Policy and Cookie Policy.
Your subscription is processed and will run from the day you make the first payment, and is valid for one month. The subscription fee renews automatically at the end of each month. You can cancel your subscription at any time by using the procedure outlined below.
Long White Gypsy reserves the right to amend/change the VIP subscription benefits and/or the pricing for the VIP subscription at any time.
Changing or Cancelling VIP Subscription
You are entitled to change or cancel your VIP subscription at any time. You can do that by logging into your customer portal using the email address you signed up with.
Your customer portal enables you to do things like change your payment method, change your billing and name information and view your past invoices.
You can cancel your VIP subscription by clicking on the “Cancel Plan” button in your customer portal. If you cancel your subscription, your access to VIP benefits continues until the end of your current plan cycle, at which point your access will cease. The date your current plan renews is shown in your customer portal.
Even if you cancel your VIP subscription you will remain on our general newsletter list unless or until you unsubscribe by using the link provided at the bottom of all of my emails or by asking us to unsubscribe you.
Pricing and Payment
The prices on this Site are quoted in New Zealand Dollars (NZD) and include GST. Prices in your local currency may change due to differences in exchange rates.
Prices and GST are liable to change any time, but changes will not affect orders which have already been placed and for which you have already received a confirmation email.
Prices for Products and subscriptions on this Site, in our communications and/or our advertisements may be incorrect. We are not liable for nor bound to accept incorrect prices if this is an evident mistake or error. If the value of the product is higher than the indicated price, we have the right to reject your purchase order.
Payments for all orders must be made by credit or debit card. Payment by most major credit and debit cards is accepted. We do not accept other methods of payment. When paying by credit or debit card you confirm that (a) the card is registered in your own name; (b) you are entitled to use the card; and (c) you have adequate funds to cover the card costs and charges connected to the purchase.
Online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorise payment for any reason.
If your payment falls through for any reason or is rejected, you will not be able to access the Product.
Cancellations & Refunds
Product Refunds
The Products currently sold on this site are digital only and once your order is complete they are immediately delivered to you. Once the Product has been supplied to you it is yours to keep and we have no means of restricting your access to it. Because of this, we do not offer cancellations or refunds for digital orders.
VIP Subscription Cancellations & Refunds
You are free to cancel your subscription any time using your customer portal, and you will retain access to all VIP benefits until your current billing cycle is complete (the renewal/expiry date for your current plan is visible in your customer portal underneath your plan details).
While there is no financial penalty for cancelling, we do not provide refunds nor do we prorate any uncompleted time in the VIP subscription. If you wish to cancel your subscription, you must cancel at least 3 business days before your next recurring payment is due to be charged, or you will be charged for an additional billing period of the subscription.
You may renew your VIP subscription at any time by resubmitting your details at checkout.
Limitation of Liability
The Agreement contains a best efforts obligation for Long White Gypsy to perform the agreed upon services to the best of our ability. If an error occurs because you have given us incorrect or incomplete information, we can’t be held liable for any loss that arises from that error.
We can only be held liable for direct loss incurred by you which might have arisen from the Agreement between us and you and only insofar as stipulated in these Terms.
We cannot in any case be held liable for damage caused by improper use of the delivered Product(s) or use of the delivered Product(s) for a purpose other than for which it is suitable according to objective criteria.
We are not responsible for any indirect, special, incidental, consequential (such as loss of content, loss of use, loss of time etc.) or punitive damage (including but not limited to damages for personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill) and whether caused by tort (including negligence), breach of contract or otherwise even if forseeable, caused by a Product defect.
We cannot, in any case, be held liable for losses due to delay, for losses due to overdue delivery as a consequence of altered circumstances.
We do not accept any liability for materials supplied by our supplier(s) or partner(s).
Because our services are provided online, we cannot guarantee that our services will be available at any time, in any location, or that they will be secure, or that errors will be resolved, or that the services/Products will be free of viruses or other potentially harmful software or components. We cannot therefore be held liable for this.
We shall not be held liable to you with regard to the use of the Site, the content or the materials contained in or accessed through the Site, including without limitation any damages caused by or resulting from reliance by you on any information obtained from us, or any other damages that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failures, theft, destruction, or unauthorised access to Long White Gypsy records, programs or services and any direct, special, incidental, consequential, punitive or exemplary damages, including without limitation damages for loss of goodwill, lost profits, loss, theft or corruption of user information, or the inability to use the site or any of their features. The sole remedy for you is to cease use of this Site.
Intellectual Property Rights
Unless otherwise stated, all written content on this site is owned by Long White Gypsy and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorised by us.
More specifically, you may not modify, copy, reproduce, republish, upload, post, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site without prior permission. You may, however, download, print, and/or share one copy of individual pages of the Site for non-commercial use, provided that you keep intact all copyright and other proprietary notices.
Communication
Within the Long White Gypsy services, you and other members may communicate with each other, for example by posting comments or sending messages. You agree not to send spam or other undesirable communications of a commercial nature or otherwise, including but not limited to threatening, aggressive, obscene, libelous, invasive, privacy violating or advertising messages. Acting in violation of these terms and conditions may result in immediate denial of access to and use of our services, Products and Memberships and termination of the Agreement. This does not terminate the payment obligation for you.
We may at any time remove user communications or other parts of the shared information without further notice if the content of such communications and information warrants removal.
We reserve the right, in the event of serious or repeated unacceptable behaviour by you on the Site, to terminate the Agreement without refund of any payment and without lapse of the payment obligation for you.
Your License to Us
By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos and videos) to us via the Site, internet groups, social media venues, or to any of our staff via email, text or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are eighteen years of age or older.
In addition, when you submit, email, text or deliver or post any material, you are granting us, and anyone authorised by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose.
The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorised by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.
Limitations on Linking and Framing
You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.
Privacy
Your use of the Site is also subject to Long White Gypsy’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices. Your agreement to our Privacy Policy is hereby incorporated into these Terms.
Affiliates
Your use of the Site is also in acknowledgement of Long White Gypsy’s affiliate disclaimer which is outlined in our Privacy Policy. Please review our affiliate disclaimer which governs the Site and discloses to users the use of affiliate links on the Site. Your agreement to our affiliate disclaimer is hereby incorporated into these Terms.
Accuracy of Information
While we shall endeavour to ensure that all information on the Site is accurate, we cannot vouch that all information will be accurate and up-to-date at all times. The Site contains a large amount of data, and errors are likely to occur in tracking changes such as but not limited to changes in dates and times of tours, track alerts, track availability and closures, prices, accommodation, or other information.
Long White Gypsy does not purport to be an expert on any of the information supplied on this Site. The information on this Site is intended to provide only general information to interested parties based on our lived experiences. This information can in no way be considered a replacement for professional and/or expert advice. We advise every user of this Site who relies on the information herein to seek their own professional and/or expert advice and accept no liability for any damage suffered as a result of the use of data and/or information provided on this Site by or on behalf of Long White Gypsy.
We do not guarantee that emails or other electronic messages sent will be received and processed in time and accept no liability for consequences of not receiving or processing them too late. We also accept no liability for the interception or misuse of electronic messages by third parties.
Part of this Site may contain materials submitted to Long White Gypsy by Third Parties. It is the responsibility of these Third Parties to ensure that the materials submitted for inclusion on this Site comply with national and relevant foreign laws.
We cannot guarantee the accuracy or reliability of this material and hereby disclaim any responsibility for error, omission, or inaccuracy in the material or for any misinterpretation, loss, disappointment, negligence, or damage caused by reliance on any material contained within the Site.
We also cannot accept responsibility for any failure or alleged failure in the delivery of the services referred to herein, or in the event of bankruptcy, liquidation, or cessation of trade of any company, individual or firm referred to herein. You are advised to check with the establishment concerned.
We accept no responsibility for the content of any Site to which a hypertext link from this Site exists. Such links are provided for your convenience on an ‘as is’ basis. Should you find any inaccurate information on the Site, please inform us and we shall correct it as soon as it is practicable to do so.
Termination and Access Restriction
We reserves the right, in our sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice to the maximum extent permitted by law, and you hereby consent to resolve any and all disputes arising under or related to this Site or the Terms of Use pursuant to the Arbitration Clause above. Use of the Site is unauthorised in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
Access
You have 24/7 access to this Site and the Products and Memberships herein, although we note that sometimes we carry out maintenance or repairs to the Site which means that all or part of the Site may be temporarily unavailable.
Amendments & Additions to these Terms
Long White Gypsy always has the right to amend and/or add to these Terms.
Long White Gypsy may update these terms from time to time. Changes will be effective upon the posting of the changes unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes. Your use of the services following the changes constitutes your acceptance of the updated Terms.
If any provision in these Terms proves not to be legally valid and/or loses its legal effect, it will not affect the remaining provisions of the Terms and the parties are obliged to arrange a new provision as soon as possible of which the meaning is as close as possible to the “former” meaning.
Governing Law
All Agreements between you and Long White Gypsy to which these Terms apply are governed by the law of New Zealand.
All disputes related to the Agreements between you and Long White Gypsy to which these Terms apply shall be settled by a court of competent jurisdiction in the district in which Long White Gypsy has its place of business, to the exclusion of all judicial authorities.
Contact Us
If you have questions or comments regarding our Terms of Use, you may reach us via the Contact Page.